Plaintiff bank, as trustee for certificate holders of an alternative loan trust, filed residential mortgage foreclosure complaint against various defendants, including Pacific Realty Group. Court granted Bank's motion to vacate DWP (entered sua sponte upon Plaintiff's attorney's failure to appear), and reinstated case. Pacific filed motion to quash service 48 days after reinstatement of case, and 90 days after it filed its appearance, alleging that it is a foreign LLC and that it does not have a registered agent in Illinois.The 60-day time limit for filing motion to quash, in Section 15-1505.6(1) of Mortgage Foreclosure Law, is tolled while underlying case is DWP. THus, Pacific's motion to quash service was timely filed.(KARMEIER, FREEMAN, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)
Illinois Supreme Court
Civil Court
Service